PuddleDuck Post/The Flourish Forum/PuddleDuck Studio

Terms Of Use

Effective Date: November 21, 2023. Subject to, and rights reserved to update or modify these terms.


The terms “we,” “us,” and “our” refer to PuddleDuck Studio, PuddleDuck Post, and The Flourish Forum. The terms “Website(s)” or “site(s)” refer to puddleduckstudio.com, puddleduckpost.com, and theflourishfourm.com. The terms “user,” “you,” and “your,” refer to all viewers & users of said Website(s), and customers of our products. The Service(s) provided by PuddleDuck Studio, PuddleDuck Post, The Flourish Forum, and Erica McPhee include an electronic email/newsletter, blog posts, tutorials, and other Website(s) resources and are referred to as the “Service(s).” Products include publication of a printed quarterly newsletter, printed calendar(s), and various tangible and intangible products related to calligraphy, art, and other, and are referred to as the “Product(s).” All information provided via our Service(s) and or products are referred to as the “Content.”


These Terms of Use govern and apply to your access and use of the PuddleDuck Studio Website(s), including but not limited to: PuddleDuckStudio.com, PuddleDuckPost.com, and TheFlourishForum.com and to transactions related to our Product(s) and Service(s). By registering with, accessing, and otherwise using this and any of our Website(s), you accept and agree to be bound by these Terms of Use (which may change or be updated going forward) set forth below. The use of this and any of our Website(s) implies the knowledge and acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not access or use any of our Website(s). Changes to our Terms of Use will become effective immediately upon being posted to our Website(s). Please review the Terms of Use regularly as continued use of the Website(s) implies acceptance of any updates or modifications.

Disclaimers and Limitations of Liability

PuddleDuck Studio\PuddleDuck Post\The Flourish Forum and its employees/representatives/assigns make no representations or warranties the information provided on our Website(s) or in our newsletter, regardless of its source, is accurate, complete, reliable, current, or error-free. Our Website(s) and newsletter are educational resources and for entertainment purposes only. We do not guarantee any outcome or make any implied promises in regard to said work or to the work we share done by 3rd parties. By continuing to use this Website(s) and our Product(s), including those paid and free, you acknowledge we have not made any guarantees for any particular results. Following any information, instruction, guidance, or recommendation is done so at your own risk.

We do not guarantee the uninterrupted availability, accuracy, or functionality of our Website(s). Our Service(s), Product(s), and Content are provided “as is” and “as available” and may include inaccuracies or typographical errors. We shall not be held responsible or liable for any technical issues, interruptions, or limitations caused by internet connectivity, web development issues, or external factors beyond our control.

Nothing in our Service(s), Product(s), Content, or Website(s) constitutes or is meant to constitute, legal, financial, or medical advice of any kind.

In no event are we liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of, or harm to, property or data) incurred by you or any third party, arising from your access to, or use of, our Website(s).

Electronic Communication

By using our Website(s) and/or communicating with us by any electronic means, you agree and

acknowledge that we may communicate with you electronically on our Website(s) or by emailing you directly. You also agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement, including but not limited to, a requirement that such communication should be in writing.

Email Newsletter

You have express permission to forward our electronic newsletter to any individuals or groups you belong to and have permission to do so, who may be interested in our Website(s) and news. This does not grant permission to copy, sell, or otherwise distribute our Service(s), Products, Content, printed newsletter, or other written materials or photographs.

Intellectual Property

We, or our licensors, own and control all copyright and other intellectual property rights for our Service(s), Product(s), Content, and Website(s) including all content, data, information, and other resources displayed by or accessible within the Website(s). Your use of the site is for personal, non-commercial use only and should not be construed as granting you a license or right to use our trademarks, Service(s) marks, logos, slogans, or taglines. By purchasing our Product(s), you acknowledge you may use the Product(s) for personal use only and you may not claim any Product(s) as your own.

All Rights Reserved

You will not use, copy, reproduce, display, distribute, alter, transfer, download, transmit, or sell any resource from our Website(s) in any form without prior written approval, except whereas permitted by common usage laws, such as quoting information for review purposes, or where express permission has been specifically granted such as the right to print worksheets for personal practice. You may not use any of our products, free or otherwise, for your own personal gain or business without express permission.

Idea or Project Submission

If you submit any ideas, work, projects, or other creative asset, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.

Third-Party Property

Our Website(s) may include references and/or hyperlinks to other third-party websites and resources. We do not monitor or review all content of other party’s linked websites. Products or services offered by other websites shall be subject to their own applicable Terms and Conditions. We do not necessarily endorse, nor share, opinions expressed or material appearing on their website(s). We are not responsible for any privacy practices or content on these sites. You bear all risks associated with the use of said website(s) and any related third-party services. We accept no responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure of personal information to third parties.

Responsible Use

By visiting our Website(s), you agree to use it only for the purposes intended and as permitted by these Terms, any contracts with us, applicable laws, regulations, and generally accepted online practices and guidelines. You must not use our Website(s) or Service(s) to use, publish, or distribute any material which consists of or is linked to malicious computer software; use data collected from our Website(s) for any direct marketing activity, or conduct any systematic or automated data collection activities on or related to our Website(s). Any activity that causes, or may cause damage to the performance, availability, or accessibility of the Website(s) is strictly prohibited.

We reserve the right to remove, edit, move, or close any post, thread, comment, message, or member profile information at any time, for any reason. You agree you remain solely responsible for the content of your posts, comments, and messages. Furthermore, you agree to indemnify and hold us harmless, and any of our related Website(s), staff, and subsidiaries.

Code of Conduct

Please help us maintain a pleasant environment by adhering to the following guidelines when using our Website(s). You agree to:

  • Be kind, polite, and respectful;
  • NOT use profanity or obscene images (G rated only);
  • NOT harass, threaten, defame, discriminate, or otherwise talk rudely to any member both on or off the Website(s);
  • NOT use the Website(s) to confront, criticize, or otherwise speak unwell of another;
  • NOT encourage or practice any illegal activity;
  • NOT post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, adult material, or otherwise in violation of any International or United States Federal law;
  • NOT publish personal and/or private information about yourself or others, including but not limited to email addresses, phone numbers, mailing addresses, etc.;
  • NOT post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material which you will share with us;
  • NOT copy or save any images posted by another member;
  • NOT post spam, flood the Website(s), advertising, chain letters, pyramid schemes;
  • NOT post any requests for fundraising or special causes;
  • NOT post any business advertisements (Paid advertisements are permitted with approval in TheFlourishForum.com advertising areas).


If you register for an account on our Website(s), it is ideal (although not required) to make your username your first name and either last name or last initial. Or you may use your business name. You are required to choose a password. Passwords should be COMPLEX and UNIQUE containing both letters, numbers, and capitalization. You are responsible for maintaining the confidentiality of passwords and account information and agree to never share your password, account information, or secured access to our Website(s) or Service(s) with any other person.

You agree to never impersonate any person or entity or misrepresent yourself, or your affiliation with any person or entity. Doing so may result in termination of your account. You agree you are the only user authorized to use your account to access the Website(s). You are responsible for all activities conducted through your account. You must notify us immediately if you believe your password is compromised. If your account is terminated by either you or us, you must request permission to register a new account.

Termination of Use

We may, in our sole discretion, at any time modify or discontinue, temporarily or permanently, access to  the Website(s) or any Service(s) thereof. We reserve the right to reveal your identity (or any other related information we collected on you) in the event of a formal complaint or legal action arising from any situation caused by your use of our Website(s). You agree we will not be held liable to you or any third party for any modifications, suspensions, or discontinuance of your access to, or use of, the Website(s).


As part of our registration process to access our Website(s), or to complete a purchase, you may be required to provide certain personal information including, but not limited to, your full name, email address, shipping & billing addresses, and phone number. You agree any information you provide is accurate, correct, and current. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail or email. For more information, please see our complete Privacy Policy.

Export Restrictions / Legal Compliance

Access to the Website(s) from territories or countries where the Content or purchase of the Product(s) or Service(s) sold on the Website(s) is illegal is prohibited.

Affiliate Marketing

Through our Website(s) and/or Product(s) and/or Service(s), we may participate in affiliate advertising programs whereby we receive a percentage of or a commission on the sale of services or products on or through said Website(s), Product(s), or Service(s). We may also accept sponsorships or other forms of advertising compensation from other businesses. All logos or trademarks of said businesses remain the property of its affiliates. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules. We carefully select products and services known and trusted by us.


You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms of Use, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void. You may not transfer any purchased product such as a newsletter subscription to another person.

Breach of Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Website(s), contacting your internet service provider (ISP) to request they block your access to the Website(s), and/or commence legal action against you. With each post or comment made on our Website(s), your IP address is recorded, in the event you need to be banned from this forum or your ISP contacted.


You agree at all times to indemnify, defend, and hold harmless PuddleDuck Studio, PuddleDuck Post, and The Flourish Forum, and any affiliates, agents, employees, successors, assignees, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, liabilities, damages, losses and expenses, costs, including legal fees, relating to your use of the Website(s), or  violation of any of these Terms of Use, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

Dispute Resolution


Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the state of Tennessee and the United States of America. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of the US. If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful, or unenforceable under applicable law, such part or provision will be modified, deleted, and/or enforced to the maximum extent permissible and the validity and binding effect of any remaining portions shall not be affected.


Failure to enforce any of the provisions set out in these Terms of Use and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.


Our Terms of Use, Notices, Correspondence, and all Product(s) and Service(s) will be written, interpreted, and construed exclusively in English.

Entire Agreement

These Terms of Use, together with our Privacy Statement, and Cookie Policy, constitute the entire agreement between you and PuddleDuck Studio/PuddleDuck Post/The Flourish Forum/Erica & Adam McPhee and its employees and/assigns in relation to your use of our Website(s), Product(s), Content, and Service(s).


This Website(s) is owned and operated by:

Erica and Adam McPhee
PuddleDuck Studio
PO Box 488
Spring Hill, TN 37174 USA

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